Judgment Against Property For Sale In Oakland
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Buying a house with a judgment lien can be complicated. The judgment lien gives the creditor the right to collect the debt from the proceeds when the property is sold, which can affect the sale process and the buyer's ability to obtain clear title.
Generally, the party seeking to sell or transfer the property will need to satisfy the judgment by paying the amount owed to the judgment creditor, or negotiate a settlement or release with the creditor.
Most judgments (the court order saying what you're owed) expire in 10 years. This means you can't collect on it after 10 years. To avoid this, you can ask the court to renew it. A renewal lasts 10 years.
An involuntary lien can occur without your knowledge, depending on the circumstances. A creditor often places a judgment lien after suing you and winning the case.
Key takeaways. While credit card companies technically have the ability to pursue your home for unpaid debt, it's rare. A debt collector must go to court and get a judgment before it can place a lien on your home. There are limits and exemptions to how much of your home's equity a debt collector can claim.
Personal property such as medical equipment, work tools, and basic household items are generally exempt from seizure by a judgment creditor. Negotiating a payment plan with the creditor is often the best approach to avoid prolonged and stressful collection efforts.
The following kinds of personal property are exempt from debt collection and cannot be seized: Household goods, like furniture, clothing, and appliances. Medical equipment, such as a wheelchair. One television, one radio, one computer and one cell phone.
Ing to California State Law, documents can only be viewed in the Clerk Recorder office. You will be able to view the images of recorded documents involving your name to find out if a lien has been placed against you or if a recorded lien has been released.
Exemption from the Enforcement of Judgments Type of PropertyCode Social Security Direct Deposit Accounts (the account itself) CCP § 704.080 Wages CCP § 704.070 Public Assistance (Welfare) CCP § 704.170 W&I § 17409 Charity; Fraternal Benefit Funds CCP § 704.17027 more rows
Unconditional lien waivers are valid, but only if they follow the form provided by Californian statutes. California has no requirement that a lien waiver must be notarized; in fact, this could even invalidate the form.
